Guardianship and conservatorship petitions; identifying characteristics of the respondent. Adds certain identifying characteristics of the respondent to the content requirements of a petition for the appointment of a guardian, a conservator, or both if such petition contains a statement that the respondent is a threat of harm to himself or others. The bill further requires that such identifying characteristics be included in the information sent to the Criminal Records Exchange by the clerk if such a statement is included in the petition.
Income tax; rolling conformity with the Internal Revenue Code; nonconformance with certain amendments. Provides that Virginia shall generally conform to federal tax laws on a rolling basis, meaning that Virginia tax laws incorporate changes to the Internal Revenue Code as soon as Congress enacts them. The bill provides that Virginia will not conform to the reduction in the medical expense deduction floor in the federal Further Consolidated Appropriations Act, 2020. However, the bill also provides that unless subsequently adopted by the General Assembly, Virginia shall not conform to any amendments to the Internal Revenue Code that have an impact of $10 million or more on Virginia tax revenues in the fiscal year in which the amendment was enacted or any of the next four years. The Secretary of Finance, in consultation with the Chairmen of the Senate Committee on Finance and the House Committees on Appropriations and Finance, shall be responsible for determining when an amendment meets these criteria. The Secretary of Finance shall also provide an annual report to such Chairmen on the fiscal impact of amendments to the Internal Revenue Code. The bill applies to taxable years beginning on and after January 1, 2019.
Criminal fiscal impact statements. Provides that no bill resulting in an increase in net periods of imprisonment or commitment shall be (i) reported from a standing committee of the House of Delegates or the Senate or (ii) passed by the House of Delegates or the Senate unless a fiscal impact statement for the current version of the bill has been prepared and is printed on the face of the bill or reported or passed as an amendment to such bill. Current law requires such fiscal impact statements to be prepared and the amount of the estimated appropriation reflected in the fiscal impact statement to be printed on the face of each bill.The bill clarifies the ability of the Division of Legislative Services to forward an advance copy of such bills to the Virginia Criminal Sentencing Commission for the preparation of such fiscal impact statements.
Wills; presumption of undue influence. Codifiesthe common law test for establishing undue influence upon a testatorin the execution of a will. The bill further provides that if evidenceis presented to establish the elements required for such a presumption,a jury sitting as trier of fact shall be instructed that it may presumethat the will was executed under undue influence.
Solid waste management facility; permit forlandfill with capacity of more than 35 million tons. Prohibitsthe Virginia Waste Management Board from issuing (i) a permit fora new solid waste management facility or (ii) an amendment to a permitallowing the expansion of a facility or an increase in capacity,where such permit or amendment is likely to result in the creationof a landfill whose capacity exceeds 35 million tons. For the Boardto issue such a permit or amendment, the bill requires the Directorof the Department of Environmental Quality to determine that theamount of capacity in excess of 35 million tons will serve a public interest that outweighs any additional harms to human health andsafety and the environment caused by such capacity in excess of 35million tons.
State Health Commissioner; local health director; additional degrees; variance. Requires that, in addition toexisting qualifications, the State Health Commissioner possess aDoctor of Public Health degree, a Master of Public Health degree,or a doctorate in the area of public health. The bill allows localhealth directors to possess a Doctor of Public Health degree, a Masterof Public Health degree, or a doctorate in the area of public healthas an alternative to the current requirement that each local health director be a physician licensed to practice medicine in the Commonwealth. The bill states that the Commissioner may grant a variance to a statelaw or regulation of the State Board of Health when the Commissionerdetermines that, upon review of an application from a county, cityor town, the applicant for such variance has demonstrated that theimplementation of a regulation would impose a substantial financialor programmatic hardship and the variance would not adversely affectthe safety and well-being of residents of the county, city, or townor the Commonwealth.
Department of Education; learning managementsystem. Directs the Department of Education to obtain a statewidelearning management system for use in public schools by the startof the 2022-2023 school year.
Reading diagnostic tests; intervention. Requireseach student in kindergarten and grade one to participate in readingdiagnostic tests that include a rapid automatized naming test andone or more rapid alternating stimulus tests as follows: (i) forstudents in kindergarten, a rapid automatized naming test and a rapidalternating stimulus test that each include colors and objects and(ii) for students in grade one, a rapid automatized naming test andtwo rapid alternating stimulus tests that each include colors, objects,letters, and numbers. The bill requires any student who enrolls ina public elementary school in the Commonwealth for the first timein grade two or grade three to participate in the reading diagnostic tests required for students in grade one. The bill specifies thatsuch diagnostic tests shall consist of the RAN/RAS tests developedand published by Maryanne Wolf and Martha Bridge Denckla or a substantiallysimilar reading diagnostic tool that is evidence-based, normed, andapproved by the Department of Education. The bill requires, beginningJuly 1, 2021, each local school division to provide evidence-based,structured literacy instruction to students in kindergarten throughgrade three who fall below the benchmark on any such reading diagnostictest and requires that such structured literacy instruction be overseenand monitored by the local school division's advisor on dyslexiaand related disorders, when applicable.
Discretionary sentencing guidelines worksheets;use by juries. Requires that the jury be given the applicablediscretionary sentencing guidelines worksheets during a sentencing proceeding and that the court instruct the jury that the sentencingguidelines worksheets are discretionary and not binding on the jury.The bill requires sentencing guidelines worksheets to be kept confidentialby the jurors and filed under seal by the court.
Sentencing proceeding by the jury after conviction;recommendation of leniency. Provides that a jury may, in ascertainingthe punishment for a person convicted of a felony or Class 1 misdemeanor,recommend that the sentence imposed be suspended in whole or in part,or that sentences imposed for multiple offenses be served concurrently,except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposingan active term of incarceration in excess of the active term of incarcerationrecommended by the jury. The bill also allows the jury to recommendthat the defendant be placed on probation, make full or partial restitution,perform community service, or receive mental health or substanceabuse treatment in lieu of incarceration or as a condition of anysuspended sentence, and requires the court to follow such recommendationunless good cause is shown for why the recommendation is inappropriateor unavailable.
Duties of drivers of vehicles approaching stationary vehicles displaying certain warning lights; penalty. Makes a driver's failure to (i) move into a nonadjacent lane on a highway with at least four lanes when approaching a stationary towing vehicle or incident or traffic management vehicle displaying flashing, blinking, or alternating amber lights or (ii) proceed with due caution and maintain a safe speed when passing such a vehicle reckless driving, which is punishable as a Class 1 misdemeanor. Under current law, such offense is a traffic infraction punishable by a fine of not more than $250, and a failure to so move or proceed with due caution when approaching other such listed vehicles is reckless driving.
Conservation of trees; Town of Vienna. Allowsthe Town of Vienna, by ordinance, to require that a subdivision ordevelopment provide for the preservation or replacement of treeson the development site such that the minimum tree canopy 10 yearsafter development is projected to meet specified coverage criteria.Currently, the criteria apply to coverage 20 years after development.
